Page 272 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9975

(a) In general. Except as otherwise provided in this rule, courts-martial shall be open to the
public. For purposes of this rule, "public" includes members of both the military and civilian
communities.
(b) Control of spectators m1d closure.
(1) Limitation on number of spectators. In order to maintain the dignity and decorum of the
proceedings or for other good cause, the military judge may reasonably limit the number of
spectators in, and the means of access to, the courtroom, and exclude specific persons from the
courtroom.
(2) Exclusion Q{ spectators. When excluding specific persons, the military judge must make
findings on the record establishing the reason for the exclusion, the basis for the military
judge's belief that exclusion is necessary, and that the exclusion is as narrowly tailored as
possible.
(3) Right cifvictim not to he excluded. A victim of an alleged offense committed by the
accused may not be excluded from any public hearing or proceeding in a court-martial relating to
the offense unless the military judge, after receiving clear and convincing evidence, determines
that testimony by the victim would be materially altered if the victim heard other testimony at
that hearing or proceeding.
(4) Closure. Courts-martial shall be open to the public unless (A) there is a substantial
probability that an overriding interest will be prejudiced if the proceedings remain open; (B)
closure is no broader than necessary to protect the overriding interest; (C) reasonable alternatives
to closure were considered and found inadequate; and (D) the military judge makes case-specific
findings on the record justifying closure.
(c) Photography and broadcasting prohibited. Video and audio recording and the taking of
photographs-except for the purpose of preparing the record of trial-in the courtroom during
the proceedings and radio or television broadcasting of proceedings from the courtroom shall not
be permitted. However, the military judge may, as a matter of discretion permit
contemporaneous closed-circuit video or audio transmission to permit viewing or hearing by an
accused removed under R.C.M. 804 or by spectators when courtroom facilities are inadequate to
accommodate a reasonable number of spectators.
(d) Protective orders. The military judge may, upon request of any party or sua sponte, issue
an appropriate protective order, in writing, to prevent parties and witnesses from making
extrajudicial statements that present a substantial likelihood of material prejudice to a fair trial
by impartial members.

Rule 807. Oaths
(a) Definition. "Oath" includes "affim1ation."
(b) Oaths in courts-martial.
(1) Who must be sworn.
(A) Court-martial personnel. The military judge, members of a general or special court-
martial, trial counsel, assistant trial counsel, defense counsel, associate defense counsel, assistant
defense counsel, reporter, interpreter, and escort shall take an oath to perfom1 their duties
faithfully. For purposes of this rule, "defense counsel," "associate defense counsel," and "assistant
defense counsel," include detailed and individual military and civilian counsel.
(B) Witnesses. Each witness before a court-martial shall be examined on oath.
(2) Procedure for administering oaths. Any procedure which appeals to the conscience of the
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person to whom the oath is administered and which binds that person to speak the truth, or, in the